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HomeMy WebLinkAboutDocumentation_Regular_Tab 5C_11/9/1989 • _.4, VILLAGE OF TEQUESTA a•;3` h' Post Office Box 3273 • 357 Tequesta Drive •r".mot! 's e Tequesta, Florida 33469-0273 • (407) 575-6200 4 ,. '= ? FAX: (407) 575-6203 . h VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES OCTOBER 2 6 , 1 9 8 9 I . The Tequesta Village Council held a regularly scheduled meeting at the Village Hall , 357 Tequesta Drive, Tequesta, Florida, on Thursday, October. 26 , 1989 . The meeting .was called to order at 5 : 30 P. M. by Mayor Joseph N. Capretta. A roll call was taken by the Recording Secretary. Councilmembers present were : Vice-Mayor Edward C. Howell , William E. Burckart, Ron T. Mackail , -and Earl L. Collings . Village Officials present were : Thomas G. Bradford, Village Manager; Wendy K. Harrison, Administrative Assistant to the Village Manager; Scott Hawkins , Esquire , sitting in for John C. Randolph, Village Attorney; and Department Heads . Bill C . Kascavelis , Finance Director, was on vacation . II . INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember William E. Burckart gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag . III . APPROVAL OF THE AGENDA Councilmember Burckart wanted to add two items for discussion under VIII . Any Other Matters : A) Contribution to Jupiter High School Marching Band for the Macy' s Day Parade ; B) Update on- Road Building Projects . Mayor Capretta stated he had some questions to be brought up to the attorney under Any Other Matters . Village Council Meeting Minutes October 26 , 1989 Page 2 IV. CONSENT AGENDA All items appearing with an asterisk ( * ) on the Agenda were considered routine and were enacted by one motion . Councilmember Collings requested that Item VII E ) be removed from the Consent Agenda and considered in its normal sequence on the Agenda. Councilmember Mackail moved to approve Item V. A) , B) , C ) ; Item VII . B) and C) without discussion . Councilmember Collings seconded the motion. The vote on the motion was : Joseph N. Capretta - for William E . Burckart - for Ron T . Mackail - for Edward C . Howell - for Earl L. Collings - for the motion was therefore passed and was adopted. VI . COMMUNICATIONS FROM CITIZENS There were no communications from citizens . VII . NEW BUSINESS A) Resolution No. 2-89/90 - Authorizing Execution of a License Agreement with Florida East Coast Railway Company for Tequesta Drive Road Crossing Purposes . Village Manager Bradford announced there was one change needed to be made to the above Agreement and that was on page 7 , Item 13 , last line, second word "or" to be changed to "and" . Councilmember Collings asked when this Agreement was to start . Mr . Bradford stated it is scheduled to begin on Monday, October 30, around 7 : 30 a.m. and will last up to four days . The railroad insists on being the only ones to do the work on their rail track . This Agreement will commit the Village of Tequesta to one-half of the annual maintenance costs for the signal devices , the Village has to pay the installation costs of $88 , 926 for the signal devices which covers the replacement costs for the provision of a 104 foot wide type T modified crossing structure estimated to be $31 , 100 , and the Village has to provide insurance for the combined limit of $3M, and the Village's pro rata share of that policy is estimated to be Village Council Meeting Minutes October 26 , 1989 Page 3 $3 , 090 , which is much less than if it were obtained from the Village' s own insurance broker . The funds have been allocated in the Budget for Tequesta Drive and are on hold awaiting a decision of the Village Council . This procedure does not benefit the railroad except it would guarantee that the railroad crossing is done in a manner that is acceptable to the railroad policy. Councilmember Collings asked if, complying with this procedure would help the Village in dealing with the railroad as far as applying leverage for the drainage , or any other future needs . Mr . Bradford stated some communication could be sent along with the approval stating the Village would appreciate their cooperation on drainage . Councilmember Collings moved to approve the License Agreement with the understanding that a letter will be sent to Florida East Coast Railway Company stating the Village' s anticipation and appreciation for their future cooperation with the drainage problem in the area of the railroad. Councilmember Burckart seconded the motion . The vote on the motion was : Joseph N. Capretta - for William E . Burckart - for Ron T. Mackail - for Edward C. Howell - for Earl L. Collings - for the motion was therefore passed and was adopted. D) Ordinance - First Reading- - Prohibiting the Removal of Recyclable Materials by Persons Other Than Those Authorized by the Village of Tequesta to Remove and Collect the Same. Attorney Scott Hawkings read the Ordinance by Title : "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 10 , "HEALTH AND SANITATION" - BY ENACTING A NEW ARTICLE V, "RECYCLING BINS AND CONTAINERS" , TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY UNAUTHORIZED PERSON OR AGENT TO REMOVE ARTICLES OR OTHERWISE DISTURB MATERIALS IN THE VILLAGE' S RECYCLING BINS , OR TO REMOVE, DAMAGE , OR. DESTROY SAID RECYCLING BINS , OR TO REMOVE ARTICLES OR OTHERWISE DISTURB MATERIALS IN CURBSIDE RECYCLING CONTAINERS , OR TO REMOVE, . DAMAGE OR DESTROY CURB RECYCLING CONTAINERS ; PROVIDING A GENERAL REPEALER CLAUSE ; PROVIDING FOR SEVERABILITY ; PROVIDING FOR CODIFICATION AND PROVIDING AN EFFECTIVE DATE . " Village Council Meeting Minutes October 26 , 1989 Page 4 Councilmember Collings asked what was the origin of this Ordinance . Village Manager Bradford answered there have been sample ordinances in this regard from other municipalities , but the Village held off from enacting one simultaneous with the implementation of the recycling program. The Village wanted to be sure there was a need for the ordinance before implementing it. It has now been brought to Mr. Bradford' s attention that this has begun and people are, in fact, beginning to scavenge, picking up the aluminum, for example , and taking it to the Reynolds trailer. The ordinance would have a two-fold effect : 1 ) it would help to eliminate the traversing throughout to scavenge these articles ; and 2 ) it keeps the revenues within Tequesta' s Recycling Program, since that is part of the basis for making the program work . Councilmember asked what the Village ' s authority for enforcing this would be . Mr. Bradford stated, once the Ordinance was adopted, the scavenging would become illegal , and then becomes a punishable police matter. Councilmember Burckart moved to approve the first reading of the ordinance prohibiting the removal of recyclable materials by unauthorized persons . Councilmember Mackail seconded that motion. The vote on the motion was : Joseph N. Capretta - for William E . Burckart - for Ron T. Mackail - for Edward C. Howell - for Earl L. Collings - for the motion was therefore passed and was adopted. E) Authorization to Purchase Trailer Mounted 125kw Emergency Generator for Remote (well site) Locations for $37 , 270 . Councilmember Collings asked what the need was for this generator. Village Manager Bradford answered it gives the Village the ability to have power at remote locations , specifically well sites , so if there is a power outage , the wells will remain functionable . Councilmember Burckart asked if there was an urgency on getting this generator . Mr. Bradford aswered that could be said, since there is absolutely no backup power for the well . Councilmember Collings asked if this was the only bidder on the project . Mr. Bradford stated there were two bidders who actually submitted formal sealed bids . The packets were sent to three Village Council Meeting Minutes October 26 , 1989 Page 5 vendors , and the Village also advertised in the Palm Beach Post via legal notice that they were accepting sealed bids . Only two vendors sent in sealed bids . Councilmember Burckart stated he called a vendor (Dave Kelso, of Marine Engineering ) in Riviera Beach and received a quote from him of $28 , 000 . Village Water Department Head, Tom Hall , added that Marine Engineering was the third vendor to whom information was submitted and that vendor' s response was that he could not meet the specifications and therefore did not bid. Councilmember Burckart said Mr. Kelso told him that he had. requested information, never received it, and did want to bid on the project . Councilmember Collings asked if this was worth exploring further . Mr. Bradford stated the Village did all they should have done by putting ads in the paper, etc . Though the bids were higher than the Village expected them to be, the project could not be left hanging and Mr . Bradford' s suggestion was to accept the present bid. Councilmember Mackail moved to approve the $37 , 270 for the Emergency Generator . There was no second to the motion. Since there was no second to the motion, Mr. Bradford suggested that what probably should be done is to reject all bids and secure other bids . Councilmember Burckart suggested a direct mailing to all generator sales people . Mr . Bradford stated that when something of this caliber is being purchased, it should, for government, be a sealed bid process . This process was done, but went one step further by mailing to those vendors whom the Village was aware of that carried this size generator . Councilmember Burckart moved to reject the present bids and have the staff re-bi for the generator. Councilmember Collings seconded the motion. The vote on the motion was : Joseph N. Capretta - for William E. Burckart - for Ron T. Mackail - for Edward C. Howell - for Earl L. Collings - for the motion was therefore passed and was adopted. Village Council Meeting Minutes October 26 , 1989 Page 6 VIII . ANY OTHER MATTERS A) Contribution to Jupiter High School Marching Band for the Macy' s Parade . Councilmember Burckart suggested that the Village of Tequesta contribute a sum of money toward the Jupiter High School Band toward their trip to New York for the Macy' s Parade . Councilmember Collings stated the policy in the past has been to conserve Village monies by not donating to good causes such as this , and if that policy is now changed for this project, he felt it would be opening Pandora' s Box , and suggested looking for another way to handle it. Vice-Mayor Howell felt, since education is not necessarily a charity, the Village ought to have in the Budget .a civic type of fund allowing for opportunities such as this , showing that the Village, in fact , is supportive of educational programs such as this one . He felt it would be a positive message that the Village would be sending out. Councilmember Collings agreed there should be some type of fund for such a project , but that proper parameters should be placed on it so it does not open the opportunity for anyone to come asking for a donation . Councilmember Mackail stated that if this is started, it would be using taxpayer dollars for that support and the line had to be drawn somewhere . He agreed with the principle, but did not feel monies should be given from ad valorem tax monies . Mr. Bradford pointed out that about three years ago the Village had alloted $30 , 000 for donations which was an encouragement for everybody and his brother to come in for $100 or $200 as a donation. Vice-Mayor Howell stated that' s why it is necessary to put parameters on the policy, restricting it to organizations such as education. This would be a social commitment. Councilmember Collings suggested that each member of the Council donate $40 . 00 each, instead of out of Village monies . Mayor Capretta asked what percentage of Tequesta residents attend Jupiter High School . Mr . Bradford stated perhaps 10%. Mayor Capretta suggested Council accept Councilmember Collings ' recommendation . Mr . Bradford pointed out that even the School Board does not donate to the Jupiter High School Band and the Band has to go out and get their funding on their own . Village Council Meeting Minutes October 26 , 1989 Page 7 Councilmember Burckart moved to approve a $200 donation to the Jupiter High School Band. Vice-Mayor Howell seconded the motion. The vote on the motion was : Joseph N. Capretta - for William E . Burckart - for Ron T . Mackail - against Edward C. Howell - for Earl L. Collings - against the motion was therefore passed and was adopted. Mr . Bradford reminded Council that , though they have the power to do this , the money is not budgeted. Mayor Capretta stated he was willing to put in $40 out of his own pocket. Councilmember Collings and Vice-Mayor Howell agreed. Councilmember Mackail did not agree . B) Update on Road Building Projects . Councilmember Burckart stated the Old Dixie Highway process is in negotiations for right-of-way acquisition, and is expected to be on schedule for construction to start in the 1990-91 Budget year. All other major roads in Jupiter, ( Indiantown Road , Center Street, Alternate A-1-A, and Military Trail ) are all on-line , budgeted, approved, and going ahead with major expansions . Councilmember Collings asked what the status was of Encon and the sewage treatment problem. Mr. Bradford stated he had called Rick Dent to ask about that and Mr . Dent stated it was his intention all along to mail a letter six months prior to the anticipated date of construction. Therefore, it is his goal to have that letter in the mail around December 1 , 1989 and the Village anticipates the paving could start as early as May 1 , 1990 . Mayor Capretta felt that Encon wanted the Village to do all the ` leg-work' in preparation for their sewer project and felt a letter of instruction ought to go out stating what needed to be done , since there were no written guidelines , and how the 'project needed to be completed in order to protect the Village against future repercussions . cMayor Capretta suggested Village Manager Bradford write a letter explaining the details of what needed to be done and to contact the Waste Water organization to be sure all points were covered that would protect the Village . • Village Council Meeting Minutes October 26 , 1989 Page 8 C ) Mayor Capretta stated he had some questions to be brought up to the attorney. Mayor Capretta asked if there were any legal measures that could be taken to eliminate the lease on the old Publix . The Mayor stated that Palm Beach has an ordinance stating that if a store is abandoned they have to continue to put window displays etc . in to give an occupied appearance . Village Manager Bradford stated he would speak to the Village Attorney about that . • Councilmember Collings stated the problem was not only an "appearance" one , but that traffic through that Plaza has decreased substantially for other merchants located there , and citizens in this end of the community desire another grocery store in that location. • IX. ADJOURNMENT • There being no other matters before the Council , the meeting was adjourned at 6 : 30 P.M. Respectfully submitted , Fran Bitters Recording Secretary ATTEST: Bill C. Kascavelis Finance Director/Village Clerk /fgb DATE APPROVED :